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DECISION

Promulgating the Regulation on documents and procedures for recognition of temporary norms for calculation of solid mineral deposits

THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to the Government's Decree No. 91/2002/ND-CP of November 11, 2002, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Government's Decree No. 160/2005/ND-CP of December 27, 2005, on implementation of the Law on Minerals and the Law Amending and Supplementing a Number of Articles of the Law on Minerals;

At the proposal of the Director of the Office of the Mineral Deposit Evaluating Council and the director of the Legal Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on documents and procedures for recognition of temporary norms for calculation of solid mineral deposits.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO."

Article 3.- The Director of the Office of the Mineral Deposit Evaluating Council, heads of concerned units, and organizations and individuals involved in solid mineral exploration activities shall have to implement this Decision.

For the Minister of Natural Resources and Environment

Vice Minister

PHAM KHOI NGUYEN

REGULATION ON DOCUMENTS AND PROCEDURES FOR RECOGNITION OF TEMPORARY NORMS FOR CALCULATION OF SOLID MINERAL DEPOSITS

(Promulgated together with Decision No. 02/2006/QD-BTNMT of January 27, 2006, of the Ministry of Natural Resources and Environment)

Chapter I

GENERAL PROVISIONS

Article 1.- Regulation scope

This Regulation uniformly provides documents and procedures for recognition of temporary norms for calculation of solid mineral deposits.

Article 2.- Application subjects

1. This Regulation applies to domestic and foreign organizations and individuals (hereinafter called organizations and individuals for short) that are engaged in the exploration of solid minerals, except for minerals used as common building materials and peat.

2. Solid mineral exploration reports, before being submitted to the Mineral Deposit Evaluating Council (hereafter called Council for short) for approval, which shall serve as a basis for elaboration of feasibility study reports and schemes on construction designing or improvement of mines, must identify temporary norms for deposit calculation to be submitted to the Council for recognition.

Article 3.- Temporary norms for calculation of solid mineral deposits

Temporary norms for calculation of solid mineral deposits (hereafter called temporary norms for deposit calculation for short) mean a combination of requirements on mineral quality and deposits as well as exploitation econo-technical conditions of mineral mines. The parameters of temporary norms for deposit calculation shall be limiting values used for blocking and calculating deposits of solid mineral beds.

Chapter II

SPECIFIC PROVISIONS

Article 4.- Documents of request for recognition of temporary norms for deposit calculation

A document of request for recognition of temporary norms for deposit calculation shall comprise:

1. A written explanation, briefly describing:

a/ The position of the mine;

b/ The geological composition characteristics of mineral beds;

c/ The exploration work which has been performed;

d/ The mineral quality characteristics and detailed explanations on the grounds for selection of limiting values of deposit calculating-norm parameters, based on geological data, material composition, technological nature and mining technical conditions gathered in the mine-exploration process, state standards, branch standards, industrial requirements and deposit-calculating norms applicable to mines with geological structure, material composition and exploitation conditions similar to those being under exploitation or already explored in the region; the results of deposit estimation according to planned norms.

2. Drawings, including:

a/ A geological map on mineral bed distribution;

b/ A field map;

c/ A map on the location of exploration works;

d/ A blocking and deposit-calculating plan, made according to planned norms;

e/ Geological cross-sections (or deposit-calculating geological cross-sections).

3. Appendix documents, including:

a/ A copy of the mineral exploration permit, notarized by the state public notary;

b/ A report on results of technological sample research;

c/ A statistical table on results of analysis of useful and harmful mineral components;

d/ A table on average values of useful and harmful mineral components;

e/ A table on calculation of deposit and volume of cleft earth according to planned norms;

Article 5.- Contents of temporary norms for deposit calculation

1. For metal and nonmetal mines:

a/ The marginal content of useful components (or converted into the content of a major useful component, conventional for a general mine). The marginal content of useful components provided for single samples when geological boundaries of mineral beds are unclear;

b/ The minimum industrial content of useful components (or converted into the content of a major useful component, conventional for a general mine). The norm of minimum industrial content provided for mineral deposit-calculating blocks. In special cases, this norm may be provided for a group of deposit blocks or for a whole small mine;

c/ The maximum content of harmful impurities. This norm is provided for single samples and deposit-calculating blocks or for a whole (small) mine;

d/ The minimum ore ratio of the deposit-calculating block. This norm shall apply to mines with discontinuous or nest-type distribution of useful minerals when the deposit that meets the set norms cannot be zoned off separately on the basis of geological standards or econo-technical conditions and the deposit calculation must be conducted through probability check within a mineral zone (ore seam, ore bed);

e/ The minimum thickness of the mineral bed (ore seam, bed and lode) or the minimum percentage-based (or gram-based) metric product;

f/ The permitted maximum thickness of the rock or ore layer which fails to meet the norm for those lying inside a mineral bed and which is zoned off within the deposit calculation boundaries;

g/ The minimum deposits of single mineral beds which lie separately and can be exploited independently;

h/ The maximum depth for deposit calculation and the limiting thickness of cap stones or the maximum cleaving ratio;

Apart from the provisions of Clause 1 of this Article, depending on geological structure characteristics, exploitation technical conditions of mines, mineral types, material composition of minerals, fields of mineral use and industrial requirements, norms must be added to suit each specific subject.

2. For coal and pyro-schist mines:

a/ The minimum thickness of a coal seam or pyro-schist seam; with regard to multi-layer seams, it is the thickness of the layer exploited independently;

b/ The maximum thickness of streaks in a coal seam, for wholly-exploited seams with complicated structure, or the minimum thickness of a streak, for those streaks which must be cleft separately and the division of the coal seam into separate parts is required;

c/ The maximum ash degree (Ak) of coal; for pyro-schist, it is the minimum pyro-heat converted into dry fuel. For coal seams with complicated structure or coal seam parts exploited selectively, it is the maximum average ash degree, taking into account the degree of coal impurity due to rocks intercalated in coal seams, on seam scarps or posts in some special cases;

d/ The limiting exploitation depth, for pit mining;

e/ The limiting cleaving ratio, for opencast mining.

Article 6.- Order and procedures for recognition of temporary norms for deposit calculation

Within 15 working days after receiving valid dossiers under the provisions of Article 4 and 5 of this Regulation, the Council's Office shall have to organize the examination of dossiers and drafts of temporary norms for deposit calculation, send them to the Council members and finalize reports to be submitted to the Council Chairman for consideration and recognition.

In the course of considering temporary norms for deposit calculation, if errors in relevant data or documents are detected, concerned organizations and individuals shall have to supply, supplement and perfect them at the request of the Council's Office.

Chapter III

IMPLEMENTATION PROVISIONS

Article 7.- Responsibilities of organizations and individuals

Organizations and individuals submitting temporary norms for deposit calculation shall take responsibility for the accuracy and truthfulness of documents they supply.

Article 8.- Organization of implementation

1. The director of the Office of the Mineral Deposit Evaluating Council shall take responsibility for implementation and inspect the implementation of this Regulation.

2. In the course of implementation, if any problem arises, organizations and individuals should report it in writing to the Ministry of Natural Resources and Environment for consideration and settlement.